C.C. No.74/2021

Lingaraj Ray,

S/o. Late Banamali Ray,

Vill.- Chheliagarh,

P.O.- Sidhal,

P.S./Dist.- Jagatsinghpur.                                    ……………. Complainant

                          (Versus)

1. Bhagaban Dash,

Proprietor of M/S Dash Agency,

Main Road, Sana Bazar, Jagatsinghpur,

At/P.O./P.S./Dist.- Jagatsinghpur.

2. Manager,

Sony India Pvt. Ltd.,

Regd. Office- A/18,

Mohan Cooperative Industrial Estate,

Mathura Road, New Delhi- 110044.…..… Opposite parties

For Complainant………..Mr. P. Swami & Associates

Opposite Parties ………..Ex-parte

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                                JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of Consumer Protection Act, 2019 seeking following reliefs;

            “Direct the opposite parties to give a new LED TV set in exchange of defective TV and give Rs.5,000/- towards mental agony and Rs.2,000/- towards litigation fees.”

            Brief fact of the case is that complainant purchased on Sony KLV 32 R 202G LED TV from the opposite party No.1 on 04.3.2021 by paying cost of Rs.17,800/- and has obtained Tax Invoice along with warranty card. On 21.3.2021 the said LED TV became defunct i.e. picture and sound not visible for which complainant immediately lodged complain before the opposite party No.1. Accordingly opposite party No.1 send a mechanic on 22.3.2021 and the mechanic reached the house of complainant and took photograph of the defective parts and went. Since then opposite parties has not taken any action to repair or to exchange the defective TV set. On 01.4.2021 one phone call received by the complainant that Rs.5,000/- be deposited before the opposite party No.1 , so that defective TV can be repair. The TV became defunct within the guaranty and warranty period and the opposite parties have every right and responsibilities to render service to the consumer.

            Notice to opposite parties were issued on 12.4.2021 but did not appear.

            The defective TV went out of order only after 17 days but in order to rectify the defect Rs.5,000/- was demanded during the warranty period. 

            Since the product went out of order within 17 days i.e. with the warranty period we held that the opposite parties particularly the manufacture is held responsible for supplying defective product. We therefore direct the opposite parties particularly opposite party No.2 to exchange the product by supplying a new product of same model or higher model within 45 days from the date of receipt of this order. With the aforesaid observation and direction the consumer complaint is disposed of. No cost. 

            Pronounced in the open Commission on this 21^st June,2024.